Watch this short video where David explains Luring a Minor for Sexual Exploitation:
Whether in the Phoenix area, or anywhere in Arizona, per ARS §13-3554 ( ARS 13-3554) “Luring a Minor for Sexual Exploitation” occurs when a person “lures” or offers sex with a person knowing, or having reason to know, the person is a minor.
Most often, an arrest occurs when an undercover Officer pretends to be a female who is fourteen (14) years of age or younger in an Internet chat room. The Officer will make contact with the Defendant and then engage in some conversation of a sexual nature. The undercover Officer will usually ask for a photograph to be E-mailed to them, and they may E-mail back a false photograph of a fourteen (14) year old girl. A meeting will normally be set up at a fast food restaurant at a specific time. When the Defendant pulls into the parking lot, undercover Officers will be waiting and they will then arrest the Defendant.
Need an AZ Child Sex Exploitation Lawyer? Contact David Michael Cantor if you have been charged with Luring a Minor for Sexual Exploitation. Call our offices 24/7 at 602-307-0808 or click here to fill out our confidential contact form for a Free Consultation.
Possible Punishment for Luring a Minor for Sexual Exploitation
Luring a Minor for Sexual Exploitation is a class three (3) felony. For a first offense class three (3) felony, punishment can be probation with zero (0) days to one (1) year in jail, or prison range of two (2) to eight and three quarters (8.75) years in prison. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is seven and one half (7.5) years to twenty-five (25) years of incarceration.
If there was actually a minor that was lured (not an undercover police officer), and that minor is under fifteen (15) years old, it is a Dangerous Crimes Against Children (DCAC) which carries the following punishment for each and every conviction: five (5) years minimum in prison, ten (10) years presumptive in prison, fifteen (15) years maximum incarceration. If convicted of one previous predicate felony (which includes a prior DCAC, among other serious felonies), the range of punishment increases to a minimum eight (8) years, presumptive fifteen years (15), and maximum twenty-two (22) years. Because this is a DCAC, 100% of the prison time must be served before being eligible for release. In addition, if the person is convicted of two (2) counts, they must be run consecutive to each other (i.e., the minimum is now ten (10) years in prison, and all other ranges double). Additionally, a conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer.
Possible Defenses to Luring a Minor for Sexual Exploitation
Many defendants make the mistake of thinking they cannot be convicted unless the alleged “victim” is actually a real minor. However, the statute specifically states that it is not a defense to Luring a Minor for Sexual Exploitation (ARS 13-3554) that the “victim” is not actually a minor. In other words, you can be convicted of this crime even if the person you are talking to is an adult. As such, most defenses to Luring a Minor for Sexual Exploitation involve demonstrating of a lack of intent, by the defendant, to follow through with a sex act. The prosecution can only get a conviction if they prove that the defendant lured the minor for a sex act, and not for some other reason such as friendship. Potential evidence we would use to demonstrate the lack of a sexual exploitation intent is whether or not the defendant had a condom in their possession, was carrying an abnormally high quantity of cash (in case the prosecutor adds a charge of Solicitation of Child Prostitution), brings any gifts or presents, and the extent and detail to which the emails referred to the plans for sexual activity.
Additionally, we need to be prepared in case the prosecution decides to charge the defendant with additional crimes. Usually, the police will immediately secure a search warrant once an individual is placed under arrest. They will then go to their residence or business in order to confiscate the computer, and look for the “IP address” and passwords that were used on the computer. Before they do any of this they will have “cloned” the hard drive in order to avoid any accusations that they have somehow tampered with the computer and added images. The police will be looking for the communication that took place, along with any child pornography that may be on the computer. If child pornography is found, they will then add a charge of Child Pornography/ Sexual Exploitation of a Minor (which is much more serious).
At DM Cantor, we handle a very high percentage of the “Sex Crimes” cases involving private counsel in the State of Arizona. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes, including Luring a Minor for Sexual Exploitation. In addition, our attorneys have attended numerous seminars sponsored by the National Child Abuse Defense and Resource Center (the leading center in the United States which assists in the defense of the falsely accused). Our attorneys have been highly trained in the clinical and forensic interviewing techniques of children and their families. This allows us to properly question detectives and other mental health professionals who may have initially interviewed the alleged victim. If the interviewing process was not done correctly, it can often be shown that the detective “led” the alleged victim into giving the necessary answers required to charge the defendant.
Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.
In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; and computer analysis/cloning hard drive procedures. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Luring a Minor for Sexual Exploitation lawyer to defend you who has knowledge of all the possible defenses to assert in your case. Please view our Luring a Minor for Sexual Exploitation court case wins and be sure to ask other lawyers for their wins in Luring a Minor for Sexual Exploitation cases.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an AZ Luring a Minor for Sexual Exploitation Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our AZ Luring a Minor for Sexual Exploitation Lawyers know the system well. For a Free Initial Consultation, call us at 602-307-0808
Contact DM Cantor and speak to an AZ Child Sex Exploitation Lawyer. We will assist you with your Luring a Minor for Sexual Exploitation case.